[ASEANcats] Indigenous Peoples Statement on the ASEAN Human Rights Declaration

Indigenous Peoples Statement on the ASEAN Human Rights Declaration

We, the members of the Indigenous Peoples Task Force on ASEAN (IPTF), Asia Indigenous Peoples Pact (AIPP) and other indigenous peoples organizations, express our extreme disappointment to the adopted version of the ASEAN Human Rights Declaration (AHRD). As an over-arching human rights standard in the region, the AHRD falls below international standards on human rights particularly on the duties and responsibilities of states in upholding the universality, and non-derogability of and the enjoyment and exercise of human rights by citizens. 

More over, despite the favorable votes of all ASEAN member countries for the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, this AHRD does not include our recognition as indigenous peoples distinct  from the majority and   systematically discriminated and exploited through the non-recognition and violation of our collective rights.  The non-inclusion of indigenous peoples rights in the AHRD is a further step backwards for ASEAN member countries and their duties and obligations to abide by international human rights standards and norms including those that recognize indigenous peoples rights. The UNDRIP which details our rights as indigenous peoples is  part of international human rights standards and norms.

We are likewise disappointed that there were no genuine consultations conducted with civil society including indigenous organizations during the process of the drafting of the Declaration. Even more disappointing is that in the few instances that the ASEAN Intergovernmental Commission on Human Rights (AICHR) called for consultations on the then draft AHRD with civil society organizations, indigenous peoples representatives were not invited and were even barred to attend in some consultations   to present our common inputs and recommendations. This however did not limit us from submitting our recommendations on the AHRD to recognize indigenous peoples and our collective rights, especially our rights to our lands, territories and resources, self-determination and free prior and informed consent. We have constantly been sending and personally submitting our inputs and recommendations on the AHRD to the members of the AICHR and disappointingly never received any official response to our communications to them.

Indigenous peoples in Southeast Asia comprise a large part of the population of the region numbering an estimated 100 million.  Despite this, ASEAN member countries have been remiss in their duties and obligations to promote and protect our rights.  Instead, we are made to bear the burden of national development goals by sacrificing our lands, territories and resources.

The current ambitious investment plan of ASEAN shows the severe imbalance between duties of states to respect and protect human rights with national development goals without ensuring social equity and justice.  The differential impacts of the resource-extractive model of development of member-countries of ASEAN violate our collective rights as indigenous peoples to maintain and develop our political, economic and social systems in our own territories.  This is clearly resulting to our massive displacements, wide-scale destruction of our sustainable livelihoods, food security, cultural heritage, social cohesion and ethnic identities. In addition, we continue to be highly marginalized and suffer from the lack of basic social services, compounded by the denial of citizenship by certain countries. 

As the ASEAN member countries are parties to international standards and norms, we shall continue to engage the member countries by monitoring their compliance to and upholding their obligations on these standards and norms. We shall continue to engage national human rights and Indigenous Peoples institutions and Agencies, national and international human rights mechanisms and procedures for the promotion, respect, and protection of our rights as indigenous peoples.

With this, we call on ASEAN Member Countries

1.     To fulfill their human rights obligations in compliance to international standards and norms they have committed to which includes the UNDRIP;

2.     To be transparent and inclusive by providing effective mechanisms and platforms for indigenous peoples and civil society to engage effectively on all matters that affect them;

3.     To designate a focal person for indigenous peoples within the AICHR towards the establishment of a working group that would look into the issues, concerns and welfare of indigenous peoples in the region.

Please find below and in the attached file our statement on the recently adopted ASEAN Human Rights Declaration. We wish to gather your support/endorsement of this statement before we send this to the ASEAN. For those who wish to sign on to this statement, please send the full name of your organization and the country you are based in to richard@aippnet.org. Please send your endorsements by 4 December 2012.

វេទិកា​ពិគ្រោះ​យោបល់​លើ​សេវា​អនាម័យ​ និងទឹក​ស្អាត​នៅ​ក្រុង​តាខ្មៅ

វេទិកា​ពិគ្រោះ​យោបល់​លើ​សេវា​អនាម័យ​ និងទឹក​ស្អាត​នៅ​ក្រុង​តាខ្មៅhttp://kohsantepheapdaily.com.kh/article/57478.html

US Government Press Statement on AHRD

ASEAN Declaration on Human Rights

Press Statement

Victoria Nuland
Department Spokesperson, Office of the Spokesperson

Washington, DC

November 20, 2012, http://www.state.gov/r/pa/prs/ps/2012/11/200915.htm

---

The Universal Declaration of Human Rights (UDHR) lays out universal principles of human rights that are the entitlement of all persons everywhere, establishing a minimum baseline for the protection of human rights. Regional declarations are a useful way to reinforce the human rights commitments and obligations of states as articulated in the UDHR and in the International Covenant on Civil and Political Rights (ICCPR). For this reason, in principle, we support ASEAN's efforts to develop a regional human rights declaration.

While part of the ASEAN Declaration adopted November 18 tracks the UDHR, we are deeply concerned that many of the ASEAN Declaration’s principles and articles could weaken and erode universal human rights and fundamental freedoms as contained in the UDHR. Concerning aspects include: the use of the concept of "cultural relativism" to suggest that rights in the UDHR do not apply everywhere; stipulating that domestic laws can trump universal human rights; incomplete descriptions of rights that are memorialized elsewhere; introducing novel limits to rights; and language that could be read to suggest that individual rights are subject to group veto.

The Declaration and the ASEAN statement of adoption call for the Declaration to be implemented consistent with the Universal Declaration on Human rights and international human rights agreements. Therefore, ASEAN has an opportunity to take steps to revise the Declaration through a transparent process that includes civil society and that brings the document in line with the standards embodied in the UDHR and ICCPR. The United States remains a committed partner with ASEAN on the protection of human rights.

Now ASEANCats is on Facebook! Please add it to yours!
ASEANCats has also personal email, it is aseancats@gmail.com.

ASEAN Approves Controversial Human Rights Declaration

---

November 18, 2012

ASEAN Approves Controversial Human Rights Declaration

by Irwin Loy

Southeast Asian leaders have signed off on a controversial region-wide human rights declaration in what they say is a landmark moment.  But critics say the declaration is insufficient and will give countries an excuse to ignore, rather than protect, human rights.

Heads of state from the Association of Southeast Asian Nations hailed the agreement as a significant milestone for the region. In a ceremony on Sunday, leaders from the 10-member bloc etched their signatures on a region-wide Human Rights Declaration.

ASEAN Secretary-General Surin Pitsuwan had only praise for the accord when speaking with reporters afterwards.

“I think that is a major, major development... the leaders have just signed that into a declaration committing themselves, every government, every country, to the highest standards, existing and available. And this certainly can be used to monitor the practice, the protection, the promotion of human rights here in the ASEAN countries," he said.

However, many rights groups say the declaration will likely fall short of minimum standards, even though ASEAN leaders have touted recent additions highlighting the importance of existing international laws.

Of particular concern, critics say, are sections included in previous drafts that suggest rights will be considered in light of “regional and national contexts." The same passage remains in the final declaration released publicly late Sunday.

“You cannot have a national or regional exception," said Phil Robertson, who is with New York-based Human Rights Watch. "You cannot set out a wide range of instances, like public morality, when all these rights would not apply.  All they have done is they have put the loopholes up front and then they have tried to decorate around them.”

About five-dozen rights groups from across ASEAN have also signed statements criticizing the declaration.  Critics have also slammed the process behind drafting the declaration.  An ASEAN committee was formed to create initial drafts, but these were never released publicly, even during limited consultation sessions with civil society groups.

“So far, we are working on leaked drafts, or sometimes just rumors," said Mora Sar, who is with the ASEAN Grassroots Peoples’ Assembly. "If they signed it in this current form, we as civil society, we are really upset.”

Rights groups have tried to make human rights a pressing issue during these meetings, particularly ahead of U.S. President Barack Obama’s highly anticipated visit, which is scheduled to begin Monday following a stopover in Burma.  But it is likely that ongoing debates over territorial claims to the South China Sea, as well as discussions on the economy and potential new free-trade areas, will dominate upcoming summit meetings.

---

http://www.voanews.com/content/asean-summit-opens-in-phnom-penh/1548305.html

Phil Robertson

Deputy Director, Asia Division

Thai mobile:  +66-85-060-8406

US mobile:  +1-917-378-4097

Email: RobertP@hrw.org

Skype: philrobertsonjr

Twitter: @Reaproy

Human Rights Watch (HRW)

350 Fifth Avenue, 34^th Floor

New York, NY 10118-3299

www.hrw.org/en/asia

NEWS RELEASE - “ASEAN Human Rights Declaration should maintain international standards,” urges key UN expert group

http://www.ohchr.org/EN/NewsEvents/Pages/Media.aspx?IsMediaPage=true&LangID=E

“ASEAN Human Rights Declaration should maintain international standards,”
urges key UN expert group

GENEVA (16 November 2012) – The largest body of independent experts in the
United Nations Human Rights system today called on the Association of
Southeast Asian Nations (ASEAN) to ensure that international human rights
standards are maintained when they come to consider the adoption of the
ASEAN Human Rights Declaration this Sunday, 18 November.

“It is imperative that, as a minimum, ASEAN’s landmark human rights
instrument maintains international standards to complement the work of the
UN human rights system,” said Michel Forst, who currently chairs the
Coordination Committee set up by the independent experts designated by the
UN Human Rights Council to address specific country situations and thematic
issues in all parts of the world.

In an open letter* to ASEAN member States, the group of international
experts stressed the need to reaffirm in their Declaration the duty of
States to promote and protect all human rights and fundamental freedoms
regardless of their particular political, economic and cultural systems -
one of the key principles of the Vienna Declaration and Programme of
Action, adopted by 171 States in 1993 to forge a new vision for global
action for human rights into the next century.

“The raison d'être of regional human rights instruments is to establish
minimum standards that all domestic laws need to comply with, which may
involve the amendment of domestic laws if these violate human rights,” Mr.
Forst said. “The right to life, for example, is a fundamental right upon
which all other rights depend, and any credible human rights instrument
should unconditionally protect it without making it contingent on the
provisions of domestic law.”

“In relation to the right to life,” the Committee Chair warned, “provisions
such as ‘in accordance with national law’ could be used to shield States
against scrutiny by international human rights mechanisms concerning the
excessive use of force by law enforcement officers, state failure to
protect people against non-state actors and the continuation of the use of
the death penalty.”

The Human Rights Council independent experts also drew attention to
provisions in the draft ASEAN Declaration which seek to ‘balance’ rights
with individual duties. “This is not the wording of international human
rights law,” they pointed out. “Advocating a balance between human rights
and duties creates much greater scope for Governments to place arbitrary,
disproportionate and unnecessary restrictions on human rights.”

“With regard to legitimate restrictions, under certain conditions, on the
grounds of ‘morality,’ ‘public order’ and ‘national security,’” Mr. Forst
noted, “the Human Rights Council experts are acutely aware of the risk of
these terms being used as a pretext by Governments to place arbitrary,
disproportionate and unnecessary restrictions on human rights”.

“We strongly encourage the inclusion of language which makes explicit that
the restrictions must be provided by law and conform to the strict tests of
necessity and proportionality, and that these restrictions may not put in
jeopardy the right itself or apply to rights that are non-derogable under
international law,” he said.

The experts also called on ASEAN to consider in their declaration the
issues of statelessness, the right to seek and to enjoy asylum from
persecution in other countries, and the international customary law
principle of non-refoulement (to prevent persons from being returned to
countries where, for instance, they will be subjected to torture). “Again,
such provisions should not be contingent on domestic laws,” underscored Mr.
Forst.

“The ASEAN Human Rights Declaration should take its place as a landmark
document which contributes to an improvement in the human rights situation
in South-East Asia,” the Committee Chair said.  “To achieve this, we call
on all ASEAN member States to consult further with the people of the
region, including civil society organisations, and to take on board their
concerns and aspirations.”

“The independent experts of the Human Rights Council Special Procedures
stand ready to provide further advice to ASEAN in this historic task,” he
added.

(*) Read the Open Letter of the Coordination Committee of Special
Procedures on behalf of mandate holders of the UN Human Rights Council:
http://www.ohchr.org/Documents/HRBodies/SP/LetterASEAN_Nov2012.doc

ENDS

“Special procedures” is the general name of the independent fact-finding
and monitoring mechanisms of the Human Rights Council that address either
specific country situations or thematic issues in all parts of the world.
Currently, there are 36 thematic mandates and 12 mandates related to
countries and territories, with 72 mandate holders. The Office of the High
Commissioner for Human Rights provides these mechanisms with support for
the fulfilment of their mandates.

Special Procedures of the Human Rights Council:
http://www2.ohchr.org/english/bodies/chr/special/index.htm

Thematic mandates:
http://www2.ohchr.org/english/bodies/chr/special/themes.htm

Country mandates:
http://www2.ohchr.org/english/bodies/chr/special/countries.htm

The Vienna Declaration and Programme of Action:
http://www2.ohchr.org/english/law/vienna.htm

For further information and media requests, please contact Daniel Collinge
(+41 22 928 9173 /dcollinge@ohchr.org)

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 /
xcelaya@ohchr.org)

UN Human Rights, follow us on social media:
Facebook: https://www.facebook.com/unitednationshumanrights
Twitter: http://twitter.com/UNrightswire
Google+ gplus.to/unitednationshumanrights
YouTube: http://www.youtube.com/UNOHCHR

Check the Universal Human Rights Index: http://uhri.ohchr.org/en

CWC on ASEAN Letter to the Ministry of Foreign Affair

Dear Your Excellency,

Warmest greetings from the Cambodian Women's Caucus on ASEAN.

On behalf of one hundred and seventy-six (176) representatives of several women groups, Cambodia Women Caucus (CWC) would like to submit you the Cambodia Women’s Statement which is the results of the Cambodia Women’s Forum (CWC) hold on 13th November 2012. And Also on behalf of the Southeast Asia Women Caucus we would like to submit you the statement of the ASEAN Women. Please kindly find submitting letter of the statement by Ms. Thida Khus, Focal Point for Cambodia Women Caucus (CWC) and Coordinating Committee Member of the Southeast Asia Women Caucus.

We strongly hope that you will consider the above and make us all proud.


Respectfully yours,

Cambodian Women Caucus is the civil society network that engages ASEAN to advance women’s human rights in Cambodian. We are extensive alliance of women organization in Cambodia, currently we have 31 partners, and we also the network of The Southeast Asia Women’s Caucus with over 55 partners in 11 countries. 

 Related Documents
 Formal Letter to AMM on submission the CWC and WC's Statement.pdf
 Cambodian Women Caucus Statement-Nov 2012 
 Women Caucus Statement-Nov 2012 

Public announcement on ACSC/APF 2012 Cambodia

Public Announcement

Phnom Penh, 12 November 2012

The Civil Society Committee of ASEAN Civil Society Conference/ASEAN People Forum (ACSC/APF 2012) is deeply disturbed to announce the repeated actions by the Cambodian authorities to disturb the peaceful assembly of the people and civil society from the Cambodia and ASEAN region.

The ACSC/APF Committee is currently concerned as it planned activities have been forced to change twice already this week for the Second ACSC/APF on 14-16 November 2012.

The ACSC/APF Committee had booked two places in order to organize this event on the above date. However the planned and booked location was cancelled due to actions by Cambodian authorities. We are concerned the third time will be even more destructive and in violation of basic human right to assembly.

First, on the 10^th November 2012, a group of unidentified local authorities came to disturb the owner of the CEF, which is an independent church. Due to this action of intimidation, the church requested us to cancel the regional conference.

Second, on the 13^th November 2012, another group of unidentified local authorities came to talk with the owner of the new location (Modern Center 5). The owner immediately decided to cancel the contract with the ACSC/APF Committee once again. The owner claimed that he got instruction from the top authority.

These freedoms of assembly, association and expression are fully guaranteed by both the Cambodian Constitution and the Constitutions of other ASEAN member states as well as International Human Rights instruments.  We note that the initiative to organize ACSC/APF is in line with the aim of the ASEAN Charter, to promote “a people-oriented ASEAN in which all sectors of society are encouraged to participate, and benefit from the process of ASEAN integration and community building” (Article 1.1.3).

We are now in an emergency Civil Society Committee to respond and guarantee public safety and security for the 500 participants from Cambodia and the ASEAN region, including international guests.

We regret this consistent pattern of abuse and intimidation at the hands of the authorities.  The Committee is still trying to approach the third location (which will be soon announced) tomorrow as we are still committed to organize. However, we are still worry that the government will intimidate our event again.  We reach out to global civil society and national NGOs to stand together in solidarity for the basic fundamental freedoms in Cambodia. The purpose of our conference is to bring the voices and concerns of the civil society and people of ASEAN to the ASEAN heads of state and world leaders during the 21^st ASEAN Summit. This goal can’t be reached if the authorities continue to escalate and prevent this civil society conference.

The Committee had done its due diligence to positively inform and involve the municipality and national government officials leading up to the conference. The Committee had submitted subsequent notification letters to both Phnom Penh Municipality and Ministry of Interior about this event. We had approached many senior government officials including the Ministry of Interior, Ministry of Foreign Affairs and International Cooperation, and the Council of Ministers. However, there was no positive response from them, neglecting the notification and invitation letters from the ACSC/APF Committee.

For more information, please contact with:

Mr. Sok Sam Oeun, National Steering Committee/ Executive Director of CDP

Tel: +855 12 901 199             Email:samoeunsok@googlemail.com

Ms. Yuyun Wahyuningrum, Steering Committee/Senior Advisor on ASEAN and Human Rights, HRWG, Indonesia,

Tel: +855 15 760 083,            E-mail:wahyuningrum@gmail.com

Mr. Kuol Panha, Drafting Committee/ Executive Director of COMFREL

Tel: +855 12 942 014             Email: kpanha@online.com.kh

Ms. Chalida Tajaroensuk, Steering Committee/ Director of People’s Empowerment Foundation, Thailand

Email: chalida.empowerment@gmail.com 

The Nations: Reform or Become Irrelevant

Originally :  The Nation

Date: August6, 2012 1:00 am,

Shared by: ASEANcats@googlegroups On Behalf Of Yuyun
Subject: [ASEANcats] Kavi Chongkittavorn: ASEAN At 45, Reform Or Become Irrelevant

Cambodian Foreign Minister Hor Nam Hong

On Wednesday ASEAN will be 45 years old. Even at this juncture, the earlier words of warnings from a founding father still ring loud inside the ear drums. "If ASEAN does not hang together, they shall be hung separately," stated S. Rajaratnam, former Singapore foreign minister on the reason why the grouping must stick together at the earlier hours after the establishment of ASEAN in 1967.

At this juncture, Cambodian Foreign Minister Hor Nam Hong is still communicating with his ASEAN colleagues to work out an alternative document that would contain the decisions of the failed joint communiqué. Somehow, mutual trust has been lost among them which urgent needs to be restored. Up until the weekend, they have only agreed on a list of key action oriented outcomes. The problem is, the list, which is till need a consensus still does not contain the controversial South China Sea dispute. Within diplomatic circuits in ASEAN, in the past weeks stories of how Hor Nam Hong snubbed the joint efforts by Indonesian Foreign Minister Marty Natalegala and Singaporean Foreign Minister K. Shanmugam at the last minute to save the draft were wide-spread.

Some ASEAN countries are very concerned that the South China Sea is overshadowing all other issues in ASEAN. If this disagreement continues it could spoil the upcoming series of summits scheduled in the third week of November as well as other future plans. Followed Indonesian President Bamban Susilo Yudhoyono and Singaporean Prime Minister Lee Hsien Loong's personal appeal to Prime Minister Hun Sen, Malaysian Prime Minister Najib Razak has recently written to him the other day with a strong message that ASEAN must not let the South China Sea dispute affect the building of ASEAN Community. Shamefully absence from all these endeavors is Thailand, the current coordinating country of ASEAN-China relations. However, Hun Sen responded unwittingly by referring to the letter dated 26 July dispatched by Hor Nam Hongto his colleagues about the chair's effort to come up with an internal document that detailed the decisions made in the July meeting that failed to mention the dispute.

In case ASEAN is unable to come up with a new document in the next 48 hours, it could represent the darkest chapter of its history. Most importantly, it will reflect badly on the chair as Cambodia earlier pushed to highlight the grouping success in the past 45 years under its chair. The Phnom Penh Declaration was issued to that effect, which is now proved hallow.

There have been some informal discussions among officials and academics about the need to come up with the rule of procedure to guide a rotating chair in the future. At the moment, there are no clear rules concerning the ASEAN chair and its relations with other ASEAN organs and how the ASEAN Secretary General and its staff can be of assistance. The ASEAN foreign ministers took things for granted that they would be able to form a consensus on any issue, albeit disagreements, as in the past four decades. But the Phnom Penh incident changed all that.

More importantly, there must be a review of the position of Secretary General and the Secretariat for the benefit of coordination and cross-sectoral cooperation. Indeed, the disagreements among the ASEAN members over the maritime's dispute have rendered urgency to the various recommendations submitted last year by Secretary General Dr. Surin Pitsuwan. In his special report concerning challenges facing the ASEAN and its secretariat to the Indonesia, which chaired ASEAN last year, he urged the ASEAN leaders to spell out clearly various roles and duties of each ASEAN organ and how they relate to each other.

After the ASEAN Charter came into effect in 2008, new organs were created to help the member countries to adhere to numerous ASEAN agreements and commitments. These were the ASEAN Coordinating Council, ASEAN Political-Security Council, ASEAN Economic Community Council, ASEAN Socio-Cultural Council, the Committee of Permanent Representatives, et al. At the same time, the position of Secretary General of ASEAN has been conferred as the Chief Administrative Officer of ASEAN with a ministerial rank. Surin was the first the ASEAN head with a ministerial rank before serving in the secretariat. That helps explain why Surin's successor, Le Luong Minh from Vietnam is a vice foreign minister.

Soon the ASEAN leaders will have to decide whether the ASEAN Charter needed to be reviewed in order to improve the efficiency of decision making within the organization. Followed the charter's coming into forces, member countries adopted a list of supplementary agreements, which continues until today. As long as these negotiations are not complete, the flow of operations at various levels within ASEAN will not be smooth. The lack of clarity on the roles and relationships among the various organs within ASEAN has caused serious structural problems in running day-to-day activities.

Here are some important questions that the ASEAN leaders must be addressed. Is the Secretary General of ASEAN the only ASEAN representative with ministerial rank? Given his/her wider access to summits and ministerial meetings including G20 and other global for a, is the Secretary General distinctive from other foreign ministers or sectorial ministers in ASEAN? If so, what short of value do the ASEAN governments attach to the unique perspective of ASEAN articulated by the Secretary General?

It is an open secret that Dr. Surin has tried consistently to raise these pertinent issues in the past two years to pave the way for a more efficient secretariat in the future. Indonesia and Thailand have been supportive of his endeavors. Deep down, other more conservative members want continued ambiguities to reign because whenever there are controversies, the ASEAN leaders or ministers will have the final say. Even though ASEAN is more integrated than before, there is no plan to allow the ASEAN chief to speak on their behalf. As such, new and existing programs and activities could come to a halt if their decisions are not put into official records such as the case in Phnom Penh.

As a rule based organization, ASEAN needs to review the charter and undertake further bold reform efforts. Brunei, the ASEAN chair next year, must seize the initiative now. Surin's recommendations should also be given a full support as he knows firsthand about the organization's potentials and pitfalls from the five-year experience. Without these reforms, ASEAN will be plagued with growing national interests depleting the common ASEAN interests which will further weakening ASEAN as a whole.

Press Release Strike out “public morality” from the AHRD draft, SEA women urge AICHR Erturk, CEDAW experts ask AICHR to integrate women's human rights

MEDIA RELEASE
16 July 2012, FOR IMMEDIATE RELEASE

Contact details:
Cambodia: Thida Khus, thida_khus@silaka.org, +85512838464
Indonesia: Rena Herdiyani, rena_herdiyani@yahoo.com, +628129820147
Thailand/ Secretariat: Nina Somera, nina@apwld.org, +66811621073 (for interviews with resource persons)

Strike out “public morality” from the AHRD draft, SEA women urge AICHR
Erturk, CEDAW experts ask AICHR to integrate women's human rights  

A coalition of women’s organizations and networks in Southeast Asia asks for the deletion of “public morality” in the ASEAN Human Rights Declaration (AHRD).

“Morality is very subjective, that it has often been used to curtail even the basic human rights of women and girls. On many occasions, morality is defined based on the dominant political and religious groups as well as dominant cultures that are harmful to women and girls,” Rena Herdiyani, a member of the Southeast Asia Women’s Caucus on ASEAN and Kalyanamitra in Indonesia. 

Based on the consultation that ASEAN Intergovernmental Commission on Human Rights (AICHR) with selected civil society organizations, it appears that “public morality” is still being considered as a limitation of human rights. Although the term is mentioned in the Universal Declaration of Human Rights (UDHR), “public morality” has never been defined in international human rights standards.

In its recent submission to AICHR, the Women’s Caucus explained, “‘Morality’ can also render certain gender identities transgressive, especially for sexual minorities. It can also deflect attention from seeing sexual violence, for example as a crime against person, rather than honor.” The submission is available in http://womenscaucusonasean.files.wordpress.com/2012/07/addendum-final.pdf

“The AHRD must go beyond the UDHR and add value to existing international human rights standards. ASEAN must set the bar higher for the AHRD, drawing from its own experience of human rights violations,” Thida Khus of Silaka, a women’s network in Cambodia pointed out.

Internationally known feminist human rights and legal experts such as United Nations former Special Rapporteur Yakin Erturk, one of the first drafters of CEDAW Senator Leticia Ramos-Shahani (Philippines), past and present CEDAW Committee members Sjamsiah Ahmad (Indonesia), hanthi Dairiam (Malaysia), Saisuree Chutikul (Thailand), Anama Tan (Singapore), Heisoo Chin (South Korea) and Milena Pires (Timor Leste) earlier asked AICHR to take into account the gains made by women’s movements.

In a statement, they said, “The AHRD must not shy away from the important gains and struggles of women’s movements around discrimination, the rights to bodily integrity, sexual and reproductive health and rights, sexual orientation and gender identity, rights in marriage and family life and freedom of movement and citizenship, especially in a region that is marked by migration, whose dangerous consequences and difficult circumstances have been borne by women and girls.” The statement which is also getting the support of more than 300 individuals and organizations can be found here: http://www.change.org/petitions/asean-intergovernmental-commission-on-human-rights-aichr-women-s-human-rights-are-asean-women-s-human-rights
“As an ASEAN woman, I cannot stand apathetic without supporting the plight of fellow [ASEAN] women,” said Ofelia Sy from Philippines, one of the 379 signatories. Meanwhile, Sachumi Mayoe, Thailand asserted, “We are women, we are sex workers and we are part of the ASEAN community. We want to participate in the development of ASEAN women's human rights for all women of ASEAN.”

The tightly-guarded AHRD draft is now with the ASEAN foreign ministers for review. Despite calls for the public release of the draft and a series of public consultations, AICHR expects the draft to be approved by November 2012 in time for the ASEAN Summit in Phnom Penh in Cambodia.

Joint Statement from CSO on the AHRD Process

MEDIA RELEASE

“Cambodian Civil Society’s View towards the Drafting Process of the ASEAN Human Rights Declaration” Phnom Penh, July 06, 2012

Contact details:
SILAKA: Thida Khus, thida_khus@silaka.org, +85512838464

We, the Cambodian Civil Society Organizations, who have closely monitored the development of the drafting process of the ASEAN Human Rights Declaration (AHRD), urge the ASEAN members to develop an AHRD that meets international human rights stands. The ASEAN Intergovernmental Commission on Human Rights (AICHR), under the ASEAN Charter and its Terms of Reference (ToR), is mandated to draft an AHRD that is then to be reviewed by ASEAN Foreign Ministers and to be adopted by ASEAN Heads of States and Governments, scheduled on the 21st Summit in Phnom Penh, Cambodia.

We welcomed the opportunity to have been consulted by Cambodia’s AICHR Representative on the 3rd of July 2012. However, we were at a loss due to the fact that the current draft version of the AHRD was not made publicly available for a meaningful dialogue. Numerous national NGOs were not present due to the complicated registration procedure and given the short notice, which unfortunately left their comments unnoticed. In the mean time, at least four other countries in ASEAN have not yet conducted any consultations with their constituencies, while five countries had publicly provided consultations. It is unfortunate that in the absence of the draft AHRD, which will be the first and most important human rights document in the Southeast Asian Region once adopted, only the NGOs attending the consultation meeting were able to give their inputs on what we would like to have in the draft document.

The CSOs believe that all human rights are universal, indivisible, interdependent, interrelated and of equal importance. Thus, we would like to convey our aspirations of the Cambodia’s CSOs for AICHR and ASEAN leaders to (a) adopt whole articles in the United Nations Universal Declaration of Human Rights (UDHR), (b) add value to the existing human rights standards, and (c) address the current issues in human rights in order to safeguard the economic, political and security impact of the rights of ASEAN people. With that in mind we strongly support the declaration and assurance of AICHR chair that the final declaration should not fall below the internationally accepted UDHR, the Vienna Convention and Programme of Actions and other International human rights instruments. We also insist that, to guarantee the rights of the ASEAN people, the member states of ASEAN must have the obligations and duty to promote, to protect and to fulfil hum rights, free from any form of violation by Official State Agencies and or any third party. We uphold the view that is is important to open more space for vibrant civil society engagement and cooperation, and should therefore be included into the AHRD.

Cambodia, as the chair of ASEAN this year, has ratified many international human rights treaties as clearly indicated in its 1993 Constitution. Its commitment to promoting and respecting human rights through the signing and ratification of these international human rights treaties is very much appreciated. Therefore, the prominent role as the Chair of ASEAN for Cambodia is very significant to bring together common voices of the ASEAN people and to persuade the other member states to adopt an AHRD that is internationally acceptable for our ASEAN region.

The Cambodian Government and Cambodia’s AICHR Representative should:

• Not accept any AHRD that falls below the UDHR and other International Human Rights Standards or treaties;

• Ensure that the process of drafting AHRD before its adoption is more inclusive and transparent with the participation of all relevant stakeholders;

• Make sure that this Declaration follows and adopts the key principles and articles in the UDHR;

• Encourage other state members to conduct meaningful consultations at their national level with their constituencies, in particular by those AICHR representatives that have not yet done so;

• Continue wide-range and inclusive consultations, at both national and regional levels, in order to discuss the latest drafts of the AHRD. AICHR, particularly the Cambodia’s AICHR Representative acting as Chair, should seriously consider submissions from CSOs, national human rights institutes and other stakeholders, and provide them with feedback;

• Translate drafts of the AHRD into national languages and other local languages of the ASEAN countries in order to encourage broader public engagement in the region;

To ASEAN leaders:

• In the upcoming ASEAN Foreign Ministerial Meeting, ASEAN Foreign Ministers should not finalize the draft AHRD to AICHR for enabling more consultations as openly as possible, with the latest draft version of AHRD to be openly disclosed at least 2 months before the ASEAN 21st Summit ;

• The ASEAN Heads of States and of Governments should make sure that the AHRD is made in accordance with the UDHR standards, the Convention on the Elimination of all Form of Discrimination to Women, CEDAW, and the Convention of the Rights of the Child, Labor rights standards and includes more value-added, which will be a human rights document that promotes and protects the rights of the 600 million ASEAN people as proclaimed in the ASEAN Charter.

This Press Release is endorsed by Cambodian Civil Society Organizations:

1. Cambodian Defenders Project (CDP)

2. Cambodian Human Rights Action Committee (CHRAC)

3. Cambodian Human Rights and Development Association (ADHOC)

4. Cambodian Labor Confederation (CLC)

5. Cambodian Volunteers for Society (CVS)

6. Committee for Free and Fair Elections in Cambodia (COMFREL)

7. Committee to Promote Women Participation in Politics (CPWP)?

8. Coordination of Action Research on AIDS and Mobility (CARAM-Cambodia)

9. Khmer Youth Association (KYA)

10. Legal Aid of Cambodia (LAC)

11. People Center for Development and Peace (PDP-Center)

12. SILAKA

13. Star Kampuchea

14. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

Press Release: Press Conference on AHRD from the Cambodian Women’s Perspective on Women’s Rights and the CSO’s View

SILAKA

#6S Street 21, Sangkat Tonle   Bassac, Khan Chamkmon, Phnom Penh, Cambodia Phone (855) 23 217 872/210 902 Fax (855) 23 213 108 Mobile: (855) 12 79 23 79

PRESS RELEASE

FOR IMMEDIATE RELEASE

7:00 PM July 4, 2012

Contact: Mrs. Aum Borany
Phone: 013 883 536, 023 217 872

Press Conference on ASEAN Human Rights Declaration (AHRD): 
Cambodian Women’s Perspective on Women’s Rights and the CSO’s View

PHNOM PENH, CAMBODIA, JULY 4 2012:  Cambodian Women Caucus(CWC) and the Cambodian Human Rights Action Committee (CHRAC) are honored to inform members of the press that civil society organizations involved in protecting and promoting women’s rights and human rights in Cambodia are working together to organize a Press Conference on our view on the ASEAN Declaration on Human Rights (ADHR). The press conference will highlight key messages of Cambodian Women Caucus(CWC) as well as those of the CSO in Cambodia in close collaboration with the Regional Women Caucus on the drafting process of the ASEAN Declaration on Human Rights.

 ASEAN Charter has a mandate to develop an ASEAN Declaration on Human Rights (ADHR)for the region. ASEAN has commissioned the Intergovernmental Human Rights Commission, AICHR, to draft ADHR targeted to be ready for the 21^st ASEAN Summit in November 2012 to approve. So far, the process of drafting the document has been less than transparent. Cambodia has organized a consultation with civil society on 3 July 2012 at the National Education Institute, without sharing a draft version of the declaration.

 ADHR is a political declaration of ASEAN and is supposed to be foundation and aspiration for other binding documents for ASEAN in the protection of human rights of the 600 million people in the country.

 In 2012, the Kingdom of Cambodia assumes the rotating chairmanship and will host the ASEAN Summit. The theme for 2012 is “One Community, One Destiny as ASEAN community”. The Cambodian Women Caucus, a member of the Southeast Women Caucus on ASEAN is taking this opportunity to provide a voice for Cambodian’s women in this important process. Cambodian Women Caucus has opened up this platform with Cambodian Human Right Action Committee to have other CSOs to share their view on the process and of what CSO aspiration for AHRD.

On ASEAN Human Right Declaration (AHRD), Cambodian women’s perspective on women’s rights and the CSO’s view will be held on July 6, 2012 at Imperial Garden Hotel from 8.00 am to 12:00 pm.

-End-

Joint Statement of Civil Society Delegates from Southeast Asia to 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF)

Originally reported:  FORUM-ASIA

Date: Tuesday, 31 July 2012

 

We, the undersigned civil society delegates from Southeast Asia who attended and participated in the 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF) on 18-20 July 2012 in Tokyo, Japan, make this statement upon the conclusion of the meeting to highlight the concerns that we raised throughout the forum.

 

Southeast Asian Civil Society Groups Highlight Increasing Rights Violations Online, Call for Improvements to Internet Governance Processes in the Region

 

We engaged in this meeting with the objective of raising human rights concerns in relation to the Internet, particularly on issues of freedom of expression and access to information online, as well as the role of civil society in Internet governance and policymaking. We organised two panel discussions, namely “Internet in Asia: Space for Free Expression and Information” and “Civil Society in Internet Governance/Policymaking” during the 2012 APrIGF. Through these panel discussions, as well as in other sessions that we participated in, we raised the following human rights concerns in relation to the Internet:

Increasing censorship and attacks to online expression

The space for free expression on the Internet is shrinking. Many governments are extending censorship and control of traditional media to the Internet. In most cases, censorship measures are implemented in a nontransparent manner, which makes it difficult to determine whether the measures taken are in accordance with international laws and standards.

In some countries, citizens who make use of the free space on the internet as bloggers, citizen journalists or social media users become targets of attacks, arrest, and/or threats by state security agents. These actions by state authorities produce a chilling effect on internet users resulting in widespread self-censorship of social and political expression for fear of reprisals from the government or its agents.

We thus call upon all governments to ensure that any measure to limit freedom of expression and the right to information are in accordance with international human rights laws and standards, particularly Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR), which allows for limitations only on narrow and clearly-defined grounds, by passing the “three-part, cumulative test” following the principles of necessity, proportionality (ensuring that it is the least restrictive measure) and transparency. Furthermore, any limitation to freedom of expression, including censorship measures, must be determined by an independent judicial body, and not left to the arbitrary powers of governments or intermediaries. These parameters must apply in all circumstances including during state of emergency and in name of national security or public order.

New laws and legislative amendments that curb freedom of speech online

We are further alarmed by the growing number of laws and policies in Southeast Asia that negatively impact freedom of expression on the Internet. While we recognise the need to address cybercrime and legitimate national security concerns, we are concerned that such laws seek to extend media censorship and criminal defamation to the internet, and are also being used to criminalize individuals or organizations expressing or sharing legitimate social or political critique.

We reiterate that any restriction to freedom of expression on the Internet must not risk citizens’ rights to hold opinions without interference and to freedom of thought, conscience and religion as stipulated in Article 18 of the ICCPR, and it must not be subject to lawful derogation as outlined in UN General Comment No. 34. We stress that any introduction of new laws or legislative amendments, particularly those that could potentially impact human rights, must involve extensive, inclusive and meaningful public consultations. We further urge all governments in Southeast Asia to decriminalise defamation both online and offline.

Additionally, we emphasize that the rule of law and the independence of the judiciary remain among the key challenges to democracy in Southeast Asia. Law-enforcement agencies and justice systems must presume innocence until defendants are proven guilty, regardless of whether or not defamation is criminal. Certain legislation, including those laws that criminalize online speech and expression, are worth noting here as examples of legislation in Southeast Asia that warrant close monitoring of their enactment or enforcement:

• Burma – The 2004 Electronic Transactions Act
• Cambodia – The 2012 Draft Cyber-Law, the 1995 Press Law, and the 2010 Penal Code
• Malaysia – The 2012 Amendment to the Evidence Act and the 2011 Computing Professionals Bill
• Indonesia – The 2008 Law on Information and Electronic Transaction and the 2008 Law on Pornography
• The Philippines – The 2012 Data Privacy Act
• Thailand – The 2007 Computer Crimes Act, the Article 112 of the Penal Code, and the 2004 Special Case Investigation Act
• Vietnam – The 1999 Penal Code, the 2004 Publishing Law, the 2000 State Secrets Protection Ordinance, and the 2012 Draft Decree on Internet Management

Intermediary liability

We express our deep concern over the increasing pressures by governments on internet service providers and content hosts to monitor, regulate and censor online content. Consequently, such intermediaries are increasingly being held legally and criminally liable for online content, including content posted by other users.

We reiterate that the regulation of content on the Internet should be determined by an independent judicial body, and not be left to intermediaries. We further echo the call by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression that intermediaries should not be held liable for online content.

Violations by non-State actors, including those employed by governments

Finally, we are alarmed at the rise of internet vigilante groups acting on behalf of governments or powerful institutions to help monitor sensitive information posted over the Internet through personal websites and social media. Such groups often target persons expressing unpopular opinions and subject them to abusive behaviour and threats. In some cases, such threats have been carried out off-line in the form of discriminatory treatment, physical attacks and even state prosecution of these targets. In addition, critical and independent websites are frequently being targeted for hacking and DDoS attacks.

We strongly remind all governments that it is their primary obligation to promote and protect human rights, and this includes protecting its citizens’ exercise of the right to freedom of opinion and expression from violations by non-state actors online.

Improving the APrIGF Process

While we support and uphold the multi-stakeholder process of the IGF, and value the opportunity to contribute to the global dialogue around these crucial issues, several aspects of the APrIGF are in need of improvement:

• Participation by governments across Asia was minimal despite the multi-stakeholder framework that this forum purports to promote. This has inevitably limited the dialogues between the different stakeholders on Internet governance in the Asia-Pacific region.
• Similarly, there was also inadequate civil society participation at the APrIGF 2012. One of the reasons to this is that there is a perception that the APrIGF is a largely ineffective forum in making needed efforts to advance human rights in cyberspace.
• Multi-stakeholder discussions on and approaches to emerging human rights issues concerning the Internet were largely limited at the APrIGF 2012.
• Finally, there was a marked absence or lack of critical assessment of the progress with regard to the implementation of recommendations made at the previous APrIGF. This has contributed to the perception of the APrIGF’s ineffectiveness.

Recommendations to the APrIGF Multi-stakeholder Strategy Group

In view of these shortcomings and with the hope of improving upon the 2012 APrIGF, we offer the following recommendations to the APrIGF Multi-stakeholder Strategy Group for future iterations of this event:

• To facilitate more robust dialogue and more engagement of those participants who are not speaking on panels, we recommend a more participatory process for sessions, with fewer time spent on panel presentations, and more time dedicated to questions and comments from those in the audience.
• In the interest of more a diverse dialogue, we recommend that efforts be made to enlarge and broaden the spectrum of attendees at the event. Special effort should be made to encourage government and civil society participation, especially in view of the rare opportunity to discuss such issues within the host country. Additionally, the affordability of the host city and the need for financial assistance should be taken into account as a factor that may make civil society participation more or less likely.
• To encourage broader participation in session dialogues and bolster engagement of civil society, we recommend that strong efforts be made to facilitate inbound remote participation via video conferencing. In addition to the valuable service of live web-casting, remote participants should be empowered to ask questions and make comments within a panel. This could be facilitated with greater integration of social media, within the APrIGF website.
• To ensure that all issues are well-represented within the conversations at the APrIGF, we recommend that at least one plenary session be dedicated to social issues in internet governance, such as online freedom of expression, access to information and digital divide.
• To ensure that progress is made on issues discussed at the APrIGF from one year to another, we recommend that one plenary session be dedicated to looking back at the issues raised and recommendations made at the previous APrIGF, and critically assessing progress made on those issues.

Recommendations to Southeast Asian governments

In addition, we make the following specific recommendations to our respective governments in Southeast Asia:

• ASEAN governments must ensure that the ASEAN Human Rights Declaration explicitly and unequivocally protects the right to freedom of expression and freedom of information in accordance with international human rights laws and standards.
• ASEAN governments should issue a joint statement to pronounce their commitment to uphold Internet freedom.
• All regional governments should involve civil society meaningfully and inclusively in Internet policymaking, especially in drafting laws and policies that potentially impact human rights, including in regional-policy arena that involve the issues related to ICT and internet governance, such as:
  • Regional economic integration by 2015 under the ASEAN Economic Community (AEC). The AEC’s areas of cooperation include a focus on internet governance, such as: “enhanced infrastructure and communications connectivity”; and “development of electronic transactions through e-ASEAN”. Currently, the AEC encourages only business sector participation and not civil society.
  • The ASEAN CIO Forum under the ASEAN ICT Master Plan 2015 also opens participation only to business sectors. The forum focuses on CIO16 and its objective is to “Taking leadership in collaboration and transformation for a competitive, highly productive and envisage a concrete/positive ASEAN ICT community.” The master plan aims to minimize digital divide and make ICT in the region be empowering, transformational, inclusive, vibrant, and integrated for the people by 2015.
• All regional governments should attend and engage in regional IGFs to dialogue with other stakeholders, including civil society, on regional issues concerning the Internet.

Signed by:

Arthit SURIYAWONGKUL Coordinator Thai Netizen Network Bangkok, Thailand E-mail: arthit@gmail.com Tel: +66 87 504 2221	Pirongrong RAMASOOTA Thai Media Policy Center Bangkok, Thailand E-mail: pirongrong.r@gmail.com Tel: +66 89 770 8911	Triana DYAH Head, Information & Documentation Division The Institute for Policy Research and Advocacy (ELSAM) Jakarta, Indonesia E-mail: office@elsam.or.id Tel: +62 21 7972662, 79192564 Fax: +62 21 79192519
Edgardo LEGASPI Alerts & Communication officer Southeast Asian Press Alliance (SEAPA) Bangkok, Thailand E-mail: epl@seapa.org Tel: +66 8 1116 5137 Fax: +66 2 2448749	Sean ANG Executive Director Southeast Asian Centre for e-Media (SEACeM) Kuala Lumpur, Malaysia E-mail: sean@seacem.com Tel: +60 3 2284 3367 Fax: +60 3 2289 2579	Victorius (Ndaru) EPS Jakarta, Indonesia
NGETH Moses Communication Coordinator Community Legal Education Center (CLEC) Phnom Penh, Cambodia E-mail: Moses@clec.org.kh Tel: (855) 66 777 010 Fax: (855) 23 211 723	Sovathana (Nana) NEANG Phnom Penh, Cambodia;	YAP Swee Seng Executive Director Asian Forum for Human Rights and Development (FORUMASIA) E-mail: yap@forum-asia.org Tel: +66 81 868 9178 Fax: +66 2 6379128

Endorsed by:

ICT Watch (Indonesian ICT Partnership Association) Jakarta, Indonesia Email: info@ictwatch.com Tel: (021) 98495770 Fax: (021) 8280691

Please click here to download the PDF file.

• Vietnam: Joint NGO Letter to the UN ECOSOC regarding the Consultative Status of the Khmers Kampuchea-Krom Federation (KKF)
• AICHR to hold its second meeting in Danang, Vietnam, 28 June – 2 July
• VIETNAM – Three Christians arrested for gathering to worship
• VIETNAM – 164 International Human Rights Leagues condemn crackdown on human rights defenders

• UNHRC: Joint NGO Letter on the Endorsement by the African Union of Candidates to the UN Human Rights Council
• 20th HRC Regular Session End of the Session Friday – Joint Oral Statement at End of 20th HRC
• 20th HRC Regular Session – Oral Statement Item 8: Follow-up to and Implementation of the Vienna Declaration and Programme of Action (VDPA) – General Debate
• 20th Regular Session of the UN Human Rights Council Item 4: Human Rights Situations that Require the Council’s Attention – General Debate (Burma & Sri Lanka)